2000-02-28 CITY COUNCIL REGULAR MEETING MINUTES164
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON FEBRUARY 28, 2000, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
City Secretary
Tom Reid
William Berger
Helen Beckman
Richard Tetens
Larry Wilkins
Klaus Seeger
Glen Erwin
Darrin Coker
Young Lorfing
Others in attendance: Deputy City Manager Alan Mueller; Executive Director P.E.D.C. Mike
Chance; Police Chief J.C. Doyle; City Engineer John Hargrove; Director of Community
Development and Services Gene Tumlinson; Public Works Director Jerry Burns; Assistant
City Attorney Nghiem Doan; Project Manager Michael Ross; Utility Accounts Supervisor
r—
Missy Miller; Purchasing Officer Gordon Island; Project Assistant Gene Simeon.
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation was given by Councilmember Tetens, and the Pledge of Allegiance was led
by Mayor Pro -Tem Berger.
APPROVAL OF MINUTES
Council member Tetens made the motion, seconded by Mayor Pro -Tem Berger, to approve
the minutes of the February 14, 2000, Joint Public Hearing held at 6:30 p.m. and the
minutes of the February 14, 2000, Regular Council Meeting held at 7:30 p.m.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens.
Voting "No" None.
Voting "Abstain" Councilmember Beckman.
Page 1 of 23 - 2/28/2000
165
Motion Passed 4 to 0, with 1 abstention.
MAYOR'S ACTIVITY REPORT
Mayor Reid reported that on February 15 he attended the HGAC Board of Directors
Meeting, the Trees for Pearland Meeting, and the Chamber Open House; February 16 he
presented the State of the City for Chamber; February 17 he attended the Census 2000
Meeting and the Gulf Coast Water Authority Board of Directors Meeting; February 18 he
attended the Scout Pack 466 Blue/Gold Banquet; February 19 he attended the Scout Pack
468 Blue/Gold Banquet; February 21 he met with representatives from a Presbyterian
Church that is considering establishing a church in Pearland; February 22 he made a
presentation to the Shadycrest Homeowners Association and attended the Leadership
Pearland Organizational Meeting; February 23 he presented the "Student of the Month"
award at Pearland Junior High West; February 24 he attended the All American City
Meeting of Community Leaders and the Chamber/H.L.&P. Candidate Night.
COUNCIL ACTIVITY REPORTS
Councilmember Beckman stated that the volunteers in our community are the heart of the
community. Two of the great examples are the Adult Reading Center, and the Citizens
Police Academy. Councilmember Beckman stated she attended the monthly BCCA
Meeting. She further reported that recently she was appointed by the Mayor and Council
to serve on the Community Development Block Grant Advisory Board and has attended
two meetings.
Councilmembers Tetens, Berger, Seeger, and Wilkins did not give a report.
CITY MANAGER'S REPORT
City Manager Glen Erwin did not give a report.
CITIZENS
Joseph Zvanut 2905 Yorkshire, addressed Council regarding concerns over the
Developmental Plan and Financial Plan pertaining to Tax Reinvestment Zone No. 2.
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
Page 2 of 23 - 2/28/2000
166
A. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 949 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, ORDERING ASPECIAL ELECT/ONTO BE HELD ON THE
SIXTH DAY OF MAY, 2000; DESIGNATING THE HOURS AND PLACE FOR
HOLDING SUCH ELECTION AND PROVIDING FOR SUBMISSION TO THE
VOTERS OF CERTAIN PROPOSED CHARTER AMENDMENTS. Mr. Darrin Coker,
City Attorney.
B. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 950 -AN ORDINANCE EXTENDING THE CITY LIMITS OF THE
CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN
LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL
OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (NORTH AND EAST
OF THE EXISTING CITY LIMITS) AT THE REQUEST OF REED -WEST
INVESTMENTS, INC.; APPROVING A SERVICE PLAN FOR ALL OF THE AREA
WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND
SEVERABILITY CLAUSE. Mr. Alan Mueller, Deputy City Manager.
C. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 951 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, RENAMING GARDENS ROAD (COUNTY ROAD 556)
AS HAWK MEADOWS DRIVE; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING FOR
CODIFICATION AND AN EFFECTIVE DATE. Mr. Darrin Coker, City Attorney.
D. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 952 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF ASPHALT
PAVING INTO THE CITY'S RIGHT-OF-WAY ALONG PORTIONS OF NORTH
GRAND BOULEVARD, JASMINE STREET, AND NORTH HOUSTON AVENUE,
IN THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker,
City Attorney & Mr. Gene Tumlinson, Director of Community Development and
Services.
E. CONSIDERATION AND POSSIBLE ACTION -SECOND AND FINAL READING OF
ORDINANCE NO. 953 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF VARIOUS
Page 3 of 23 - 2/28/2000
167
FACILITIES OF THE FIRST BAPTIST CHURCH, PEARLAND, INTO THE CITY'S
RIGHT-OF-WAY LOCATED AT 4201 WEST BROADWAY IN THE CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS. Mr. Darrin Coker, City Attorney& Mr.
Gene Tumlinson, Director of Community Development and Services.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-398 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 7.60
ACRES AND 12.10 ACRES OUT OF THE T.D. YOCUM SURVEY, A-399, AND
THE A.C.H. & B.B. SURVEY, A-147, BRAZORIA CO., TEXAS (APPLICATION NO.
850) (PEARLAND PARKWAY BETWEEN MARY'S CREEK & JOHN LIZER)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT -BUSINESS DISTRICT
(SD -B) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF
ROBERT D. & JACQUELINE S. BURGESS, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of
Community Development and Services.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-399 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY AND GRANTING A SPECIFIC USE PERMIT FOR
A MEDICAL PLAZA ON THE FOLLOWING PROPERTY, TO -WIT BEING 6.363
ACRES OUT OF LOTS 49 & 50, ALLISON RICHEY GULF COAST HOME CO.
SUBDIVISION, SECTION 85, H.T. & B.R.R. CO. SURVEY, A-305, PLAT
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 799 &
SPECIFIC USE NO. 69) (BROADWAY STREET) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS -
SPECIFIC USE (GB -S) AT THE REQUEST OF JACK MCGUFF, JR., A.I.A.,
AGENT FOR BOBBY L. STEVENER, D.V.M., OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
Page 4 of 23 - 2/28/2000
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of
Community Development and Services.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-400 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 211.9140
ACRES IN THE W.D.C. HALL SURVEY, A-23, HARRIS COUNTY, TEXAS,
RECORDED UNDER COUNTY CLERK'S FILE NO. T464162, OFFICIAL PUBLIC
RECORDS OF REAL PROPERTY OF HARRIS COUNTY, TEXAS (APPLICATION
NO. 840) (BELLAVITA @ GREEN TEE) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
4 PUD) AT THE REQUEST OF RENEE WEST, AGENT FOR REED -WEST
INVESTMENTS, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of Community
Development and Services.
I. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-401 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 4.7412
ACRE TRACT OUT OF A 10.0515 TRACT, THE EAST 1Y2 OF THE WEST 1/20F
THE NORTHEAST 1/4 OF SECTION 14, H.T. & B.R.R. CO. SURVEY, A-509,
VOLUME 1230, PAGE 50, DEED RECORDS OF BRAZORIA COUNTY, TEXAS
(APPLICAPMENT
DISTRICT T(SD)ION N O SINGLEFAMILYAMILYI WELLLINGFICATION UD STRICT (R-1) BURBAN OAT THE
REQUEST OF ROBERT & BARI SCHERRER, OWNERS, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumfinson, Director of
Community Development and Services.
Page 5 of 23 - 2/28/2000
169
J. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-402 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 1.0101
ACRE TRACT OF LAND KNOWN AS LOT 10, BETHEL SUBDIVISION, SECTION
2, AN UNRECORDED SUBDIVISION OF 25.9538 ACRES OUT OF LOTS
39,40,55,& 56, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-543, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 853) (13842 STONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF JOHN & SHARON PIERSON, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Gene Tumlinson, Director of Community Development and Services.
K. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-403 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING A 3.6419
ACRE TRACT KNOWN AS LOT 7, BETHEL SUBDIVISION, SECTION 2, AN
UNRECORDED SUBDIVISION OF 25.9538 ACRES OUT OF LOTS 39,40, 55, &
56 OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 857) (13814 STONE ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF KIM & JULIE DAVIDSON, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Gene Tumlinson, Director of Community Development and Services.
L. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-404 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
Page 6 of 23 - 2/28/2000
n;
170
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 4,
BLOCK 12, WEST LEA SUBDIVISION, SECTION 3, BRAZORIA COUNTY,
TEXAS (APPLICATION NO. 859) (MANVEL ROAD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF SUZANNE P. SPOON, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Gene Tumlinson, Director of Community Development and Services.
M. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-405 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.99
ACRES IN LOT 57, ALLISON RICHEY GULF COAST HOME COMPANY'S PART
OF SUBURBAN GARDENS, SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 2,
PAGE 23, OF THE PLAT RECORDS OF BRAZORIA COUNTY (APPLICATION
r - NO. 860) (14001 GARDEN ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF HALLIE 0. SADBERRY, OWNER, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson,
Director of Community Development and Services.
N. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509-406 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 13,
BLOCK 8, HICKORY CREEK PLACE, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 861) (6421 KELLY) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-
1) AT THE REQUEST OF SHERRI HICKMAN, OWNER, PROVIDING FOR AN
AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
Page 7 of 23 - 2/28/2000
171.
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director of
Community Development and Services.
0. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING
OF ORDINANCE NO. 509.407 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE
LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.25
ACRES OF LAND OUT OF LOT 169, ZYCKLINSKI SUBDIVISION, SECTION 27,
H.T. & B.R.R. CO. SURVEY, A-308, BRAZORIA COUNTY, TEXAS, ACCORDING
TO THE MAP OR PLAT THEREOF IN VOLUME 29, PAGE 9, OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 862) (119
HERBERT DRIVE) FROM CLASSIFICATION SUBURBAN DEVELOPMENT
DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-1) AT THE
REQUEST OF JESSIE H. BOWMAN & CARY E. McDONALD, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Gene Tumlinson, Director of Community Development and Services.
Councilmember Beckman made the motion, seconded by CouncilmemberTetens, to adopt
Consent Agenda Items A through O, on their second and final reading, as presented on
the Consent Agenda. --
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
MATTERS REMOVED FROM CONSENT AGENDA: None.
NEW BUSINESS:
COUNCIL ACTION - RESOLUTION NO. 2000-23 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, SUPPORTING NEUTRAL TAX
TREATMENT OF INTERNET PU RCHASES THROUGH ADOPTION OF THE "SALES TAX
SYSTEM FOR THE 21ST CENTURY." Mayor Tom Reid.
Page 8 of 23 - 2/28/2000
17�
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Resolution No. R2000-23.
In an executive summary given by Mayor Reid, he stated that purchases made through
the Internet are sales tax exempt, thus creating a negative impact for Texas municipalities
therefore, Texas cities are encouraged to endorse a resolution encouraging neutral tax
treatment of Internet purchases.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 2000-24 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A REVISED FEE
SCHEDULE FOR LICENSING ANIMALS IN ACCORDANCE WITH SECTION 6-63,
LICENSEFEES, OF CHAPTER 6, AN/MALSAND FOWL, OF THE PEARLAND CODE OF
ORDINANCES. Mr. Darrin Coker, City Attorney.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-24.
In an executive summary given by City Attorney, Darrin Coker, he stated that the Animal
Control Department has requested that their fees be reviewed in order to help offset their
costs associated with impoundment, boarding, disposal, and licensing of animals. Staff
recommended the consideration of the proposed animal control fees set forth in the
resolution.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. 2000-25 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT FOR THE PURCHASE OF FIVE (5)
Page 9 of 23 - 2/28/2000
173
POLICE SEDANS AND ONE (1) FIRE SEDAN FROM PHILPOTT MOTOR COMPANY.
Mr. Gordon Island, Purchasing Officer.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-25.
In an executive summary given by Purchasing Officer Gordon Island, he stated that the
contract pricing has been received from interlocal cooperative partner Houston Galveston
Area Council of Government for five police sedans, and one fire sedan approved in the
FY99/00 budget. The contract pricing from HGAC was selected for this purchase because
of the agencies traditionally low pricing on quality equipment and usually short delivery
time. The low pricing is directly based on the large volume of vehicles included in their
bid solicitation. We have further determined that the timing of this contract is excellent
for early delivery at this time. An evaluation team from the Police, Fire and Fleet
Departments have reviewed the contract specifications and concur with this
recommendation. The City of Pearland has an interlocal cooperative agreement with the
HGAC to participate in their cooperative program. This program meets all the
requirements of the Local Government Code for competitive bidding. Staff recommends
that the purchase of police and fire vehicles go to the HGAC.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-26 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH FERRO SAYLORS, INC. FOR
ENGINEERING SERVICES ASSOCIATED WITH THE CULLEN WATER AND SEWER
PROJECT. Mr. Michael Ross, Project Manager & Mr. Alan Mueller, Deputy City Manager.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Resolution No. R2000-26.
In an executive summary given by Project Manager Michael Ross and Deputy City
Manager Alan Mueller, they stated that the project began in 1997 when a Pearland
Economic Development Corporation prospect was considering the purchase of 10 acres
on Cullen Blvd. North of FM 518. The PEDC funded $13,839.83 of the original $61,074
contract to design a water and wastewater extension to serve the site. Impact fees and
Page 10 of 23 - 2/28/2000
174
the State Revolving Loan Fund have funded the balance. Since that time, the PEDC
prospect fell through, but the City purchased 16 acres in the same location for service
center facilities. The contract has been amended by various letter agreements to reflect
changes due to right of way and easement issues near the Kroger development, TxDOT
requirements, and Water Board requirements, and Water Board requirements due to the
SRF funding for the wastewater line. Consequently, a total of $ 83,149.94 has been spent
to date. A final contract amendment is required to finish the plans and specifications in
accordance with the Texas Water Development Board requirements. Since the
cumulative effect of to contract changes exceeds $15,000, staff is requesting Council to
ratify $83,149.94 in prior expenditures and approve $26,000 for the final engineering
contract change. The construction cost of the water line extension is estimated to be
$163,000 and will be funded by impact fees. The construction cost of the sewer extension
is estimated to be $428,000 funded by the SRF loan. Staff recommends that Council
approve the ratification of $83,149.94 for the preceding engineering services with Ferro
Saylors, Incorporated. Staff also recommends that Council approve the contract, and
subsequent expenditure of $26,000 to FSI for the remaining engineering services
associated with the project.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
i- Motion Passed 5 to 0.
COUNCIL ACTION - RESOLUTION NO. R2000-27 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF
"SURPLUS PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED TO
FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SURPLUS PROPERTY." Mr.
Gordon Island, Purchasing Officer.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
approve Resolution No. R2000-27.
In an executive summary given by Purchasing Officer, Gordon Island, he stated that
sealed bids were received February 17, 2000 for the sale to the highest bidder of one
wastewater treatment plant and water well system. The wastewater plant is located at
3412 King Arthur Court and the water well is at 1531 County Road 93, Pearland, Texas.
This property was acquired as part of these facilities and are no longer needed, and
considered surplus property. Staff has taken all necessary steps per our TNRCC permit
to close the systems. This project was listed on the City's web page and in the official
Page 11 of 23 - 2/28/2000
3.75
newspaper. Notices of the invitation were mailed to nineteen potential bidders including
local developers and firms who sell this type of equipment. Staff request authorization to
sell the surplus property to the highest bidders.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 954 -AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ANNEXATION BY
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 OF 324.6482 ACRES OF
LAND. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 954 on its first and only reading.
In an executive summary given by City Attorney, Darrin Coker, he stated that Brazoria
County MUD #18, an in -city MUD, desires to annex 324.6482 acres of land into the
existing Mud; however, such action cannot take place without the City's consent. Upon
its annexation, the property will be subject to the existing utility agreement between the
City and MUD #18. Staff recommends consideration of proposed Ordinance.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST AND ONLY READING OF ORDINANCE NO. 955 - AN ORDINANCE GRANTING
A PERMIT AND CONSENT TO PG&E GAS TRANSMISSION TECO, INC., AND PG&E
ENERGY TRADING -GAS CORPORATION, THEIR WHOLLY OWNED SUBSIDIARY
CORPORATIONS AND WHOLLY OWNED, SUBSIDIARY GENERAL AND LIMITED
PARTNERSHIPS, AND THEIR SUCCESSORS, LESSEES OR ASSIGNS, TO MAINTAIN,
USE AND OPERATE CERTAIN NATURAL GAS AND/OR NATURAL GAS LIQUIDS
TRANSMISSION PIPELINESALONG, ACROSS, AND UNDER PUBLIC PROPERTYAND
RIGHTS OF WAY IN THE CITY OF PEARLAND, TEXAS. Mr. Darrin Coker, City Attorney.
Page 12 of 23 - 2/28/2000
176
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Beckman to
approve Ordinance No. 955 on its first and only reading.
In an executive summary given by City Attorney, Darrin Coker, stated that this is an
existing pipeline that extends approximately forty -feet into the City's right-of-way. The City
is being compensated damages for that forty -foot, and by this ordinance a right-of-way
agreement is established, by which they could expand into the City's existing right -of
ways. He further stated that the compensation for the franchise fee is $2000 per year for
twenty-five years, a lump sum to be paid up front, discounted at six percent. The City will
be receiving approximately $25,000.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION - EXCUSE COUNCILMEMBER HELEN BECKMAN'S ABSENCE
FROM THE FEBRUARY 14, 2000, REGULAR COUNCIL MEETING. City Council.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
excuse the absence of Councilmember Helen Beckman from the Regular Council
Meeting held on February 14, 2000.
Voting "Aye" Councilmembers Tetens, Wilkins, Berger, and Seeger.
Voting "No" None.
Voting "Abstain" Councilmember Beckman.
Motion Passed 4 to 0, with 1 abstention.
COUNCIL ACTION - COUNCIL ACCEPTANCE OF WEST OAKS VILLAGE SECTION 3
SUBDIVISION. Mr. John Hargrove, City Engineer.
Councilmember Seeger made the motion, seconded by Council member Tetens, to accept
West Oaks Village Section 3 Subdivision.
Page 13 of 23 - 2/28/2000
177
In an executive summary given by City Engineer, John Hargrove, he stated that the
subdivision consist of 129 lots, 5 reserves, and 5 blocks, for a total of 33.9473 acres. Mr.
Hargrove recommended the acceptance of the subdivision for maintenance and operation.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
COUNCIL ACTION -COUNCIL ACCEPTANCE OF W ILLOW LAKES ESTATES SECTION
2 SUBDIVISION. Mr. John Hargrove, City Engineer.
Councilmember Beckman made the motion, seconded by Councilmember Tetens, to
accept Willow Lakes Estates Section 2 Subdivision.
In an executive summary given by City Engineer, John Hargrove, he stated that the
subdivision consist of 3 blocks, 52 lots, and 17.0570 acres, with no reserves and he
recommends the acceptance of the subdivision for maintenance and operation.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Voting "No" None.
Motion Passed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-408 - AN ORDINANCE OF THE CITY
COUNQL OF THE CITY OF PE LAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBANMEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 10.00 ACRES OF LAND SITUATED
IN THE SOUTHWEST 1/40F THE NORTHWEST Y4 OF SECTION 17, H.T. & B.R.R. CO.
SURVEY, A-242, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 898) (2411 CR 89)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF EARL M. ONITSUKA, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community
Development and Services.
Page 14 of 23 - 2/28/2000
178
Councilmember Tetens made the motion, seconded by Councilmember Beckman, to
approve Ordinance No. 509-408 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 898).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated that Zone Change Application No. 898 is a request to change
the zoning classification from Suburban Development District (SD) to a Commercial
District (C), and he recommended that Council to consider request.
Councilmember Seeger stated that in the Comprehensive Plan it shows this area should
be low density. He further stated there is residents across from Fite Road, and on the
east there is a large sand pit. He further expressed his concerns regarding the sand pit,
and stated, thinking long term, the sand pit area could be developed to be park land. If
this area is zoned Commercial (C) it will most likely remain a sand pit.
Mayor Pro -Tem Berger stated that he also has the same concerns regarding the sand pit.
He further stated this is only raw land in this area that is asking to be zoned Commercial
(C). The other land use in the area already has existing businesses that are very neat and
look good.
Voting "Aye" None.
Voting "No" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Motion failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-409 AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 2.5 ACRES OF LAND OUT OF A 40
ACRE TRACT OF LAND IN THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 899) (8017 FITE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF
GERALD W. OLSON, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
Page 15 of 23 - 2/28/2000
179
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Gene Tumlinson, Director of Community Development and Services.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-409 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 899).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated that Zone Change Application No. 899 is a request to change
the zoning classification from Suburban Development District (SD) to a Commercial
District (C), and staff recommends Council to consider request.
Councilmember Tetens stated that he is concerned that if the zoning is Commercial (C),
it is a case of spot zoning. The business can continue to operate as they are now.
Mayor Pro -Tem Berger stated that the next four request for land use changes are very
neat and tidy businesses.
Councilmember Wilkins stated he has some concerns that these businesses are tidy
now, but if the land is sold and it is zoned Commercial (C) the condition of the property
may change.
Councilmember Beckman stated that the City wants the business owners to keep the
property in good shape, therefore, the zone should be changed.
Mayor Pro -Tem Berger stated these businesses have been operating for years and they
are, not going to let their businesses go down. They have the reputation of maintaining
a good property and they will continue to do so.
Councilmember Seeger stated that you if you do change the classification of the zoning,
to Commercial (C), you run the risk of the argument that the neighboring land should also
be zoned Commercial (C).
Councilmember Beckman stated that good productive businesses should not be
punished by not allowing them the zone they are requesting.
Councilmember Seeger verified that there is an existing business on this property
Page 16 of 23 - 2/28/2000
MI
Voting "Aye" Councilmembers Beckman and Berger.
Voting "No" Councilmembers Tetens, Wilkins, and Seeger
Motion failed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-410 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 1 A-6, H.T. & B.R.R. CO. SURVEY,
A-242, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 900) (8101 FITE ROAD)
FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF BARKER & BUCEK, OWNER, PROVIDING
FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Directorof Community
Development and Services.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
approve Ordinance No. 509-410 on its first reading.
. — Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 900).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson stated that Zone Change Application No. 900 is a request to change the
zoning classification from Suburban Development District (SD) to a Commercial District
(C), and staff recommends Council to consider request.
Mayor Pro -Tem Berger stated "ditto" on the last discussion.
Councilmember Beckman stated that it is the same situation. She further stated that she
still feels that a good existing business is being punished, by not allowing them to expand.
Mayor Pro -Tem Berger stated he hates spot zoning as much as anybody. It has to be
taken into consideration that these businesses have been in operation for a number of
years, and even possibly before the subdivision was established. These businesses are
neat and well kept. He further stated the he concurs with Councilmember Beckman that
they are being punished by not approving the zone change.
Page 17 of 23 - 2/28/2000
Voting "Aye" Councilmembers Beckman and Berger.
Voting "No" Councilmembers Seeger, Wilkins, and Tetens.
Motion failed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-411 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING LOT 1A, H.T. & B.R.R. CO. SURVEY,
A-242, PARCEL NO. 42, BRAZORIA COUNTY, TEXAS (APPLICATION NO. 901) (FITE
ROAD) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO
COMMERCIAL (C) AT THE REQUEST OF BLAINE F. BARKER II ABA, BARKER
DEVELOPMENT CO.,OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE,
AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr.
Gene Tumlinson, Director of Community Development and Services.
Councilmember Seeger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-411 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 901).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated that Zone Change Application No. 901 is a request to change
the zoning classification from Suburban Development District (SD) to a Commercial
District (C), and staff recommends Council to consider request. .
Councilmember Beckman stated that this the same song, third verse.
Mayor Reid asked if Council wanted to repeat what has been said or go to a vote?
Councilmember Beckman asked the Mayor to call for the question.
Voting "Aye" Councilmembers Beckman and Berger.
Voting "No" Councilmembers Seeger, Wilkins, and Tetens.
Page 18 of 23 - 2/28/2000
Motion failed 3 to 2.
182
FIRST READING OF ORDINANCE NO. 509-412 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING TRACT 1A-3, OUT OF A 40 ACRE
TRACT OF LAND, KNOWN AS THE SOUTHWEST 1/40F THE NORTHWEST 1/40F
SECTION 17, H.T. & B.R.R. CO. SURVEY, A-242, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 902) (8001 FITE ROAD) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF EARL
M. ONITSUKA, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene
Tumlinson, Director of Community Development and Services.
Councilmember Beckman made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-412 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 902).
In an executive summary given by Director of Community and Development Services,
Gene Tumlinson, he stated that Zone Change Application No. 902 is a request to change
the zoning classification from Suburban Development District (SD)to a Commercial
District (C), and staff recommends Council to consider request.
Voting "Aye" Councilmembers Berger and Beckman.
Voting "No" Councilmembers Seeger, Wilkins, and Tetens.
Motion failed 3 to 2.
FIRST READING OF ORDINANCE NO. 509-413 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING A 5.0 ACRE TRACT BEING THE
NORTH 1/20F LOT 45, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 85, H.T. & B.R.R. CO. SURVEY, A-304, BRAZORIA COUNTY, TEXAS
Page 19 of 23 - 2/28/2000
183
ACCORDING TO MAP OR PLAT RECORDED IN VOLUME 2, PAGE 107, BRAZORIA
COUNTY, TEXAS (APPLICATION NO. 846) (MILLER RANCH ROAD) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY
DWELLING DISTRICT (R-3) AT THE REQUEST OF STEVEN MUTH, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director
of Community Development and Services.
Councilmember Tetens made the motion, seconded by Mayor Pro -Tem Berger, to
approve Ordinance No. 509-413 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to deny Application No. 846. The Council in their discussion asked for this to be
reconsidered and ask that the density be changed to less dense, and that is why it is
appearing on the agenda and asking for an R-3 designation.
Steve Muth, 8339 Dover, addressed Council and stated that he had spoke with Gene
Tumlinson, and Gene advised him that he would place an R-3 designation for Council to
consider. He stated that he and Mr. Tumlinson never got into a long discussion about the
zone change. Mr. Muth sated that he is still flexible and would like to have R-3 zoning
because it give him the most flexibility with the property. He further stated that he still
does not have any real plans at this time other than to build a home for his family within
the next six months. In closing he stated that is the summary of where they are right now,
and respectfully request Council to approve the R-3 designation.
In an executive summary given by Director of Community Development Services, Gene
Tumlinson, stated that Council has considered this action before as an R-4. It has been
reviewed for the owner to consider the change to an R-3 or R-1. It is back on the agenda
requesting an R-3 designation. Mr. Tumlinson stated that the property across the street
which is currently being developed is an R-3 subdivision.
Mayor Pro -Tem Berger stated that all other homes in the area with the exception of the
mobile homes are R-1.
Councilmember Beckman stated as discussed before this should really be a low density
development. The City have so many R -3's built in the area. Most of Council is adverse
to continue having high density development. She said she does not think that R-3 is the
highest and best use of this property.
Page 20 of 23 - 2/28/2000
J
184
Councilmember Wilkins stated that he concurs with Councilmember Beckman.
Mayor Reid stated that people are coming to Pearland to get away from high density
property. He said those homes with the classification of R-1 and R-2 are selling the best
in Pearland.
Voting "Aye" None.
Voting "No" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Motion failed 5 to 0.
FIRST READING OF ORDINANCE NO. 509-414 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509,
THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF
PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY LOCATION BEING 5.0 ACRES, MORE OR LESS, BEING
THE NORTH'/2 OF LOT 7, ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION,
SECTION 19, H.T. & B.R.R. CO. SURVEY, A-243, BRAZORIA COUNTY, TEXAS
(APPLICATION NO. 854) (1025 CULLEN BOULEVARD) FROM CLASSIFICATION
SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF RAYMOND & EMMA VAUGHAN, OWNERS,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Gene Tumlinson, Director
of Community Development and Services.
Mayor Pro -Tem Berger made the motion, seconded by Councilmember Wilkins, to
approve Ordinance No. 509-414 on its first reading.
Mayor Reid read into the record the Planning & Zoning Commission's recommendation
to approve (Application No. 854).
In an executive summary given by Director of Community Development and Services,
Gene Tumlinson, he stated that Zone Change Application No. 854 is a request to change
the zoning classification from Suburban Development District (SD) to a Single Family
Dwelling District (R-1), and Staff recommends Council to consider request.
Voting "Aye" Councilmembers Beckman, Tetens, Berger, Wilkins, and Seeger.
Page 21 of 23 - 2/28/2000
Voting "No" None.
Motion passed 5 to 0.
OTHER BUSINESS:
Council adjourned into Executive Session under Texas Government Code at 9:47 p.m. to
discuss the following:
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
SECTION 551.072 - REAL PROPERTY: DISCUSSION
REGARDING THE SALE, PURCHASE, OR EXCHANGE OF REAL
PROPERTY WEST OF STATE HIGHWAY 288.
2. SECTION 551.074 - PERSONNEL MATTERS: DISCUSSION
REGARDING THE DELIBERATION OF THE APPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES,
DISCIPLINE, OR THE DISMISSAL OF THE DIRECTOR OF
FINANCE.
Council returned from Executive Session at 10:12 p.m.
NEW BUSINESS (CONTINUED):
COUNCIL ACTION- DIRECTION TO STAFF REGARDING THE SALE, PURCHASE, OR
EXCHANGE OF REAL PROPERTY WEST OF STATE HIGHWAY 288.
Councilmember Wilkins made the motion, seconded by Councilmember Tetens, to
authorize the City Attorney to negotiate the acquisition of property west of State Highway
288.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
185
Page 22 of 23 - 2/28/2000
i
J
186
COUNCILACTION -INSTRUCTION TO CITYSTAFF REGARDING THEAPPOINTMENT,
EMPLOYMENT, EVALUATION, REASSIGNMENT, DUTIES, DISCIPLINE, OR THE
DISMISSAL OF THE DIRECTOR OF FINANCE.
Councilmember Wilkins made the motion, seconded by Mayor Pro -Tem Berger, to ratify
the termination of the Director of Finance Davis Castillo.
Voting "Aye" Councilmembers Seeger, Wilkins, Berger, Tetens, and Beckman.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 10:14 p.m.
Minutes approved as submitted and/or corrected this the 13th day of March , 2000.
Tom Reid
Mayor
ATTFCT-
Page 23 of 23 - 2/28/2000
187
THIS PAGE LEFT INTENTIONALLY BLANK